Newtown Families to Fight Bushmaster Suit Court Move

The law firm representing ten families who lost family members in the Sandy Hook Elementary School shooting filed a motion to remand its suit against gun manufacturers and others back to state court.

Defendants in the lawsuit filed and won a motion to move the case to federal court. Law firm Koskoff, Koskoff & Bieder originally filed the suit in state Superior Court.

“This is transparent forum shopping by Bushmaster and the other defendants to avoid answering for their conduct in state court,” said Josh Koskoff of Koskoff, Koskoff & Bieder. “But the law is clear – there is simply no basis for a federal court to exercise jurisdiction in this case.”

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The suit names Bushmaster, the manufacturer of the AR-15 rifle used in the attack as a defendant along with firearm distributor Camfour Inc. of Massachusetts and River Gun Sales of East Windsor. The AR-15 used in the attack was sold by the East Windsor store.

“Riverview Sales, a Connecticut business, entrusted a Bushmaster rifle designed to inflict mass casualties to a Connecticut woman, whose son used that rifle to kill Connecticut residents at a Connecticut Elementary School. Their families continue to mourn in Connecticut,” said Koskoff. “To alleged that the joinder of them was fraudulent is bizarre.”

The basis of the defendants’ request to dismiss Riverview from the case and invoke federal jurisdiction is that all defendants are immune from liability under the Protection of Lawful Commerce in Arms Act, Koskoff said.

“Defendants are essentially asking a federal court to decide the merits of the families’ entire case in order to dismiss Riverview and assert jurisdiction over the case,” said Koskoff. “It’s completely backwards...We welcome the opportunity to defend the merits of our case, but the law is clear that that fight must be had in state court.”

The Protection of Lawful Commerce in Arms Act prohibits,“...civil liability actions from being brought or continued against manufacturers, distributors, dealers or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others.”

The act is one of the largest hurdles for the plaintiffs, according to legal experts.

Image via CT State Police